Ordinance 2002-71ORDINANCE NO. 02- 7,1.
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORiDA, BY AMENDING THE OFFICIAL ZO~G
ATLAS MAPS NUMBERED; 8525S, 8525N, 85~_S:~
8527N, 8534S, 8534N, 8535S, 8535N, 8536S, 853~N,
8631S AND 8631N, BY CHANGING THE ZON~G
CLASSIFICATION OF THE HEREIN DESCRIBED R~L
PROPERTY FROM "PUD" TO "PUD" PLANNED
DEVELOPMENT KNOWN AS PELICAN
DRI/PUD, FOR PROPERTY LOCATED NORTH
VANDERBILT BEACH ROAD (C.R. 901) AND EAST
LIVINGSTON ROAD (C.R. 881), IN SECTIONS 25, 27,
34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25
EAST, AND SECTION 31, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 2214_+ ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 99-90, THE
FORMER PELICAN MARSH PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert J. Mulhere of RWA, Inc., representing J.E.D. of Southwest Florida
Inc. and Colony Corporate Centre, Inc., with permission of WCI Communities, Inc., petitioned th,
Board of County Commissioners to change the zoning classification of the herein described rea
property;
NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners o
Collier County, Florida that;
SECTION ONE:
The Zoning Classification of the herein described real property located in Sections 25, 27.
34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 2~
East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in
accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein
and by reference made a part hereof. The Official Zoning Atlas Maps numbered; 8525S, 8525N,
8527S, 8527N, 8534S, 8534N, 8535S, 8535N, 8536S, 8536N, 8631S and 8631N, as described in
Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended
accordingly.
SECTION TWO:
Ordinance Number 99-90, known as the Pelican Marsh PUD, adopted on December 14,
1999 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
_SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Colli,
County, Florida, this 17t_hday of_ December ,2002.
Marjori~M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
COLETFA, CHAIRMAN
This ordinance filed with the
Secretary of State's Office the
-2,~t-~ day of ~ , ~
ond acknowledgement of that
fi!inxg- rec.eived _this ~ day
EXHIBIT A
PELICAN MARSH COMMUNITY
A
PLANNED UNIT DEVELOPMENT
2213.6+ Acres Located in Sections 25, 27, 34, 35 & 36
Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
J.E.D. OF SOUTHWEST FLORIDA, INC.
and
COLONY CORPORATE CENTER, INC.
9150 Galleria Court, Suite 100
Naples, FL 34109
With permission from
WCI COMMUNITIES, INC.
24301 Walden Center Drive
Bonita Springs, Florida 34134
PREPARED BY:
RWA Consultants, Inc.
3050 North Horseshoe Drive, Suite 270
Naples, FL 34104
PUD 93-1, ORDINANCE 93-27 - ORIGINAL
PUD 94-9, ORDINANCE 95-4 - AMENDMENT
ORDINANCE 95-50 - AMENDMENT
ORDINANCE 95-71 - AMENDMENT
ORDINANCE 97-79 - AMENDMENT
ORDINANCE 98-11 - AMENDMENT
ORDINANCE 99-33 - AMENDMENT
DATE FILED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
12/17/02
2002-71
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL DISTRICT
GOLF COURSE, RECREATION & OPEN SPACE
DISTRICT
RESERVE DISTRICT
CULTURAL CENTER DISTRICT
ACTIVITY CENTER DISTRICT
GENERAL DEVELOPMENT COMMITMENTS
PAGE
ii
111
1-1
2-1
3-1
4-1
5-1
6-1
7-1
8-1
Exhibit A
LIST OF EXHIBITS
Map H-3 (Revised Map H) Master Plan (Johnson Engineering, Inc., File No.
19991406)
Exhibit B Conceptual Site Plan for Plaza at Galleria (SDP-99-004)
ii
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of WCI Communities, Inc., hereinafter referred to
as "WCI" or the "Developer", to create a Planned Unit Development (PUD) on 2213.6+ acres of
land located in Sections 25, 27, 34, 35, and 36 Township 48 South, Range 25 East, and Section 31,
Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit
Development shall be the Pelican Marsh Community. The development of the Pelican Marsh
Community will be in compliance with the planning goals and objectives of Collier County as set
forth in the Growth Management Plan. The development will be consistent with the growth policies
and land development regulations adopted thereunder of the Growth Management Plan Future Land
Use Element and other applicable regulations for the following reasons:
o
o
°
The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict as
identified on the Future Land Use Map as required in Objective 1, of the Future Land Use
Element (FLUE). The purpose of the Urban Residential Subdistrict is to provide for higher
density residential uses in an area with relatively few natural resource constraints and where
existing and planned public facilities are concentrated.
The proposed density of the Pelican Marsh Community is 2.16 units per acre and less than
the maximum density permitted by the FLUE Density Rating System and is therefore
consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies
for a base density of four (4) units per acre. Certain pans of the subject property are further
subject to density adjustments including a proximity to Activity Center density bonus,
roadway access density bonus, and long range traffic congestion area and interconnection
density reduction, which when taken collectively and applied to the property yield an
allowable density greater than three (3) units per acre.
The Pelican Marsh Community is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable land development regulations
as set forth in Objective 3 of the Future Land Use Element.
The development of the Pelican Marsh Community will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1H and L of the
Future Land Use Element.
The Pelican Marsh Community is planned to incorporate natural systems for water
management in accordance with their natural functions and capabilities as may be required
by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
The Pelican Marsh Community is a large scale functionally interrelated community, and is
planned to encourage ingenuity, innovation and imagination as set forth in the Collier County
Land Development Code, Planned Unit Development District Section.
The Pelican Marsh Community represents a large scale infill community within the Urban
District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use
Element.
iii
SHORT TITLE
This ordinance shall be known and cited as the "PELICAN MARSH COMMUNITY PLANNED
UNIT DEVELOPMENT ORDINANCE".
iv
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
1.2
The purpose of this Section is to set forth the legal description and ownership of the Pelican
Marsh Community, and to describe the existing condition of the property proposed to be
developed.
LEGAL DESCRIPTION
PELICAN MARSH, being approximately 2214 acres, more or less, is legally described as
follows:
BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East,
Collier County, Florida;
thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41
North 00 38'20" West 2623.40 feet to the west lA comer of said Section 27;
thence continue along the west line of said Section 27 and said right-of-way North 00 39' 12"
West 827.69 feet;
thence leaving said line North 89 20'45" East 3844.57 feet to the westerly right-of-way line
of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of
Collier County, Florida;
thence along said westerly right-of-way line in the following four (4) described courses;
1) South 05 34'48" East 3545.96 feet to the south line of said Section 27;
2) South 05 33'10" East 2642.17 feet;
3) southerly 620.87 feet along the arc of a circular curve concave westerly having a
radius of 2799.93 feet through a central angle of 12 42'18" and being subtended by a
chord which bears South 00 47'59" West 619.60 feet;
4) South 07 09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge
Second Extension as recorded in Plat Book 10, page 86 of the Public Records of
Collier County, Florida;
thence along the' boundary of said Pine Ridge Second Extension in the following eight (8)
described courses:
1)
2)
3)
4)
5)
6)
7)
8)
South 89 50'58" West 88.21 feet;
North 31 34'00" West 120.19 feet;
North 05 37'10" West 956.47 feet;
South 74 46'39" West 379.98 feet;
South 12 04'43" East 23.53 feet;
South 87 09'43" West 272.40 feet;
northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave
southwesterly having a radius of 1640.26 feet through a central angle of 64 46'40"
and being subtended by a chord which bears North 48 50'02" West 1757.26 feet;
North 81 13'22" West 737.85 feet;
1-1
thence leaving said plat boundary North 00 03'39" West 707.85 feet;
thence South 89 33'32" East 336.81 feet;
thence North 00 26'28" East 180.64 feet;
thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius
of 130.00 feet through a central angle of 16 34'19" and being subtended by a chord which
bears North 08 43'37" East 37.47 feet;
thence North 17 00'47" East 181.41 feet;
thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly
having a radius of 395.00 feet through a central angle of 94 59'52" and being subtended by a
chord which bears North 30 29'09" West 582.44 feet;
thence North 77 59'05" West 144.30 feet;
thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly
having a radius of 800.00 feet through a central angle of 29 59'57" and being subtended by a
chord which bears North 62 59'06" West 414.10 feet;
thence North 47 59'08" West 100.03 feet;
thence westerly 615.18 feet along the arc of a circular curve concave southerly having a
radius of 826.09 feet through a central angle of 42 40'04" and being subtended by a chord
which bears North 69 19' 10" West 601.07 feet;
thence South 89 20'48" West 204.55 feet to the west line of said Section 34, and the east
right-of-way line of U.S. 41;
thence along said line North 00 39'20" West 665.92 feet to the POINT OF BEGINNING;
LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22,
pages 88 through 89 Public Records of Collier County, Florida being more particularly
described as follows:
BEGINNING at the northwesterly comer of said Pelican Marsh Unit Five;
thence along the boundary of said Pelican Marsh Unit Five South 89 33'32" East 306.56 feet
to a point on the west line of Tract WF-1 (Drainage Easement) according to the Plat of Grand
Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County,
Florida;
thence along said line South 00 00'00" East 481.17 feet to a point on the north line of Tract
"B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five, Plat Book 22,
pages 88 through 89, Public Records of Collier County, Florida;
thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to
the southeast, having a radius of 2430.00 through a central angle of 07 13'26" and being
subtended by a chord which bears South 88 15'16" West 306.17 feet to a point on the
boundary of said Pelican Marsh Unit Five;
thence along said line North 00 03'39" West 492.87 feet to the POINT OF BEGINNING of
the parcel herein described;
Containing 3.40 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the north line of said Pelican Marsh Unit Five being South 89 33'32"
East.
Containing 573.98 acres more or less.
Subject to easements and restrictions of record.
1-2
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the west I/4 of said Section 27;
thence along said west line North 00 39'12" West 827.69 feet;
thence leaving said line North 89 20'45" East 577.78 feet to the Point of Beginning of the
parcel herein described;
thence North 57 47'59" Eagt 46.92 feet;
thence North 68 35'21" East 110.88 feet;
thence North 00 39'12" West 187.52 feet;
thence North 11 43'40" East 573.08 feet;
thence South 72 59'03" East 785.48 feet;
thence South 00 39'15" East 27.71 feet;
thence North 89 20'45" East 503.78 feet;
thence South 00 39'15" East 100.64 feet;
thence South 89 20'45" West 1957.22 feet to the Point of Beginning of the parcel herein
described.
Subject to easements and restrictions of record.
Containing 9.5 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00 39' 12" West.
AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the west ¼ comer Section 27, Township 48 South, Range 25 East;
thence along the west line of said Section 27 North 00 39'12" West 827.69 feet;
thence leaving said Section line north 89 20'45" East 55.00 feet to the Point of Beginning of
the area thereon described;
thence North 89 20'45" East 366.45 feet;
thence South 00 39'15" East 34.09 feet;
thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave
southwesterly having a radius of 70.00 feet through a central angle of 38 45'23" and being
subtended by a chord which bears South 64 19'09" East 46.45 feet to a point of compound
curvature;
thence southerly 259.53 feet along the arc of a circular curve concave westerly having a
radius of 197.21 feet through a central angle of 75 25'06" and being subtended by a chord
which bears South 07 14'23" East 241.20 feet to a point of reverse curvature;
thence southerly 151.40 feet along the arc of a circular curve concave easterly having a
radius of 130.00 feet through a central angle of 66 43'37" and being subtended by a chord
which bears South 02 54'07" East 142.99 feet to a point of reverse curvature;
thence southerly 120.22 feet along the arc of a circular curve concave westerly having a
radius of 70.00 feet through a central angle of 98 42'12" and being subtended by a chord
which bears South 12 56' 10" West 105.98 feet;
thence south 62 08' 16" West 75.07 feet;
1-3
thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius
of 30.00 feet through a central angle of 93 06'13" and being subtended by a chord which
bears South 15 35'10" West 43.56 feet;
thence South 30 57'58" East 34.79 feet;
thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius
of 80.00 feet through a central angle of 14 16'43" and being subtended by a chord which
bears South 23 49'37" East 19.89 feet;
thence along a non-tangential line South 84 13' 14" East 158.41 feet;
thence South 80 55'24" East 183.78 feet;
thence South 81 52'51" East 180.90 feet;
thence South 00 00'00" East 261.28 feet;
thence North 90 00'00" West 394.57 feet;
thence North 00 00'00" East 271.73 feet;
thence North 84 13'14" West 120.32 feet;
thence South 33 05'40" West 54.13 feet;
thence South 76 56'51" West 89.04 feet;
thence North 58 35'21" West 65.19 feet;
thence North 15 31 '55" West 74.80 feet;
thence North 00 41 '41" West 115.24 feet;
thence North 28 22'47" East 171.51 feet;
thence North 17 11 '45" West 106.79 feet;
thence North 13 02'52" East 28.51 feet;
thence North 73 36' 14" West 54.78 feet;
thence South 49 16'08" West 112.78 feet;
thence South 89 47'08" West 53.08 feet;
thence North 58 00'49" West 50.49 feet;
thence North 00 39'12" West 303.49 feet to the Point of Beginning of the area herein
described.
Containing 7.8 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the west line of Section 27, Township 48 South, Range 25 East,
Collier County, Flor/da, being North 00 39'12" West.
AND
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being
more particularly described as follows:
Commencing at the west V4 comer of said Section 27;
thence along said west line North 00 39'12" West 827.69 feet;
thence leaving said line North 89 20'45" East 2469.55 feet to the Point of Beginning of the
parcel herein described;
thence continue North 89 20'45" East 787.88 feet;
thence South 84 45'32" West 23.43 feet;
thence South 74 56'42" West 121.32 feet;
thence South 79 49'51" West 45.93 feet;
thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north
having a radius of 66.00 feet through a central angle of 39 30'16" and being subtended by a
chord which bears North 80 25'01" West 44.61 feet to a point of reverse curvature;
1-4
thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the
south having a radius of 150.00 feet through a central angle of 20 12'57" and being
subtended by a chord which bears North 70 46'21" West 52.65 feet;
thence North 80 52'50" West 36.59 feet;
thence westerly 46.17 feet along the arc of a tangential curve concave to the south having a
radius of 80.00 feet through a central angle of 33 04'13" and being subtended by a chord
which bears South 82 35'04" West 45.54 feet to a point of reverse curvature;
thence westerly 38.16 feet along the arc of a tangential curve concave to the north having a
radius of 60.00 feet through a central angle of 36 26'18" and being subtended by a chord
which bears South 84 16'06" West 37.52 feet to a point of reverse curvature;
thence westerly 68.84 feet along the arc of a tangential curve concave to the south having a
radius of 305.00 feet through a central angle of 12 55'58 .... and being subtended by a chord
which bears North 83 58'44" West 68.70 feet;
thence South 89 33' 17" West 18.36 feet;
thence South 89 39'11" West 71.63 feet;
thence North 89 35'03" West 36.03 feet;
thence South 86 06'33" West 42.94 feet;
thence South 83 44'08" West 26.23 feet;
thence South 51 01'05" West 27.49 feet;
thence South 33 25'42" West 19.95 feet;
thence South 15 39'57" West 20.54 feet;
thence South 10 54'31" West 34.64 feet;
thence South 89 20'06" West 101.06 feet;
thence North 10 45'58" East 101.42 feet to the Point of Beginning of the parcel herein
described.
Subject to Easements and restrictions of record.
Containing 0.48 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00 39' 12" West.
AND
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida,
being more particularly described as follows:
Commencing at the west I/4 comer of said Section 27;
thence along said west line North 00 39'12" West 827.69 feet;
thence leaving said line North 89 20'45" East 3401.12 feet to the Point of Beginning of the
parcel herein described;
thence continue North 89 20'45" East 443.43 feet;
thence South 05 34'48" East 147.72 feet;
thence South 89 20'45" West 51.56 feet;
thence North 23 56'01" West 13.07 feet;
thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east
having a radius of 80.00 feet through a central angle of 21 59'53" and being subtended by a
chord which bears North 12 56'04" West 30.53 feet;
thence North 05 01'01" West 31.56 feet;
thence North 36 19'27" West 32.02 feet;
1-5
thence North 56 04'43" West 35.11 feet;
thence North 80 39'23" West 32.53 feet;
thence North 88 39'20" West 97.78 feet;
thence North 86 04'48" West 45.79 feet;
thence North 89 49'56" West 132.77 feet;
thence North 69 40'18" West 37.23 feet to the Point of Beginning of the parcel herein
described.
Subject to easements and restrictions of record.
Containing 0.38 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00 39' 12" West.
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
Beginning at the northwest comer of said Section 35;
thence along the north line of said Section 35 North 89 45'35" East 5231.69 feet to the west
tight-of-way line of Airport-Pulling Road (C.R. 31);
thence along said westerly right-of-way line South 00 31'47" East 5258.31 feet to the south
line of said Section 35;
thence along said south line South 89 39'22" West 2541.65 feet to the south t/4 comer of said
Section 35;
thence continue along said south line South 89 39'32" West 2641.33 feet to the southwest
comer of said Section 35;
thence along the south line of said Section 34 South 89 51'02" West 391.57 feet to the
boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of
Collier County, Florida;
thence along the boundary of said parcel North 01 03'33" West 295.29 feet;
thence continue along the boundary of said parcel South 89 51'02" West 443.28 feet to the
easterly tight-of way line of proposed Goodlette-Frank Road as recorded in Plat Book 13,
page 58 of the Public Records of Collier County, Florida;
thence along said easterly right-of-way line North 07 09'08" East 1729.52 feet;
thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a
circular curve concave westerly having a radius of 2929.93 feet through a central angle of
12 42'18" and being subtended by a chord which bears North 00 47'59" East 648.37 feet;
thence continue along said right-of-way line North 05 33'10" West 2628.44 feet to a point on
the north line of said Section 34;
thence leaving said right-of-way line and along the north line of said Section 34 South
89 31'31" East 772.91 feet to the Point of Beginning.
Containing 708.39 acres more or less.
Subject to easements and restrictions of record.
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
Beginning at the northeast comer of said Section 36;
thence along the east line of said Section, South 02 12'03" East 2671.63 feet to the east ¼
comer of said Section 36;
thence continue along the east line of said Section 36 South 02 06'28" East 2519.08 feet to a
point on the northerly right-of-way line of Vanderbilt Beach Road;
1-6
thence along said northerly right-of-way line North 89 39'39" West 2855.35 feet;
thence continue along said line North 89 43'59" West 2544.87 feet to a point on the easterly
right-of-way line of Airport-Pulling Road (C.R. 31);
thence along said easterly right-of-way line North 00 31'47" West 4490.03 feet to the
southwest comer of the east 15 feet of the west 115 feet of the south 80 feet of the north
619.49 feet of said Section 36;
thence along the south line of said land North 89 27'57" East 15.00 feet;
thence along the east line of said land North 00 31 '47" West 80.00 feet;
thence along the north line of said land South 89 27'57" West 15.00 feet to the east right-of-
way line of Airport Road (C.R. 31);
thence along said right-of-way North 00 31'47" West 539.49 feet to the north line of said
Section 36;
thence along said north line North 89 27'57" East 3914.28 feet to the southwest comer of the
east ½ of the east ½ of said Section 25;
thence along the west line of the east ¥~ of the east ½ of said Section 25 North 01 54'09"
West 2668.19 feet;
thence continue along the west line of the east ½ of the east ½ of said Section 25 North
01 57'16" West 2567.06 feet to a point on the southerly fight-of-way line of Immokalee
Road (C.R. 846);
thence along said right-of-way North 89 14'36" East 1325.57 feet to the east line of said
Section 25;
thence along said east line of Section 25 South 02 06'59" East 2569.75 feet to the east ¼
comer of Section 25;
thence continue along said east line of Section 25 South 02 00'46" East 2670.97 feet to the
Point of Beginning.
Containing 789.67 acres more or less.
Subject to easements and restrictions of record.
Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north
line of Section 35, being North 89 45'35" East.
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN
SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA:
Parcel I:
N Vz of the SE ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier
County, Florida.
Parcel II:
S ½ of the NE ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier
County, Florida.
Parcel III:
N ½ of the SW ¼ of the NW ¼ of Section 31, Township 48 South, Range 26 East, COllier
County, Florida.
1-7
Parcel IV:
S ½ of the SW ¼ of the NW ¼ of Section 31, Township 48 South, Range 26 East, Collier
County, Florida.
Parcel VI:
N ½ of the SW ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier
County, Florida.
Parcel VII:
NW ¼ of the SW ¼ of Section 31, Township 48 South, Range 26 East, Collier County,
Florida.
1.3
Parcels I, II, III, IV, VI and VII contain a total of 141.61 acres, more or less.
Total parcel contains 2214 acres, more or less.
PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership or control of WCI
Communities, Inc., whose address is 24301 Walden Center Drive, Bonita Springs, Florida
34134.
1.4
GENERAL DESCRIPTION OF PROPERTY
mo
Co
Do
The project site is located in Sections 25, 27, 34, 35, and 36 Township 48 South,
Range 25 East, and Section 31, Township 48 South, Range 26 East, and is generally
bordered on the west by Tamiami Trail North (U.S. 41); on the north by undeveloped
land, Victoria Park Subdivision, Crescent Lake Estates, Four Seasons and Immokalee
Road (C.R. 846); on the east by the future Livingston Road and the Wilshire Lakes
Subdivision; and on the south by Pine Ridge Subdivision and Vanderbilt Beach Road,
Monterey PUD, Emerald Lakes PUD, and Vineyards PUD. The location of the site is
shown on Map H-3 of the Pelican Marsh Community Notice of Proposed Change
(NOPC) Application.
The zoning classification of the subject property as of this submittal is PUD (Planned
Unit Development).
Elevations within the site range from 6 feet to 14 feet above mean sea level with an
average of approximately 11.0 feet. Per FEMA Firm Map Panels Nos. 120067-
0193D, 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh property is
located within both zones "AE" and "X". Topographic mapping is shown on Map C
of the Pelican Marsh Community Application for Development Approval.
The soil types on the site generally include Immokalee fine sand; Myakka fine sand;
Hallandale fine sand, Pineda fine sand, limestone substratum, Basinger fine sand; Fort
Drum and Malabar high fine sands; Boca fine sand; Chobee, Winder and Gator,
depressional; Holopaw and Okeelanta soils depressional;' Boca, Riviera limestone
substratum; Copeland fine sand; Holopaw fine sand; Urban Land; Urban Land
1-8
Eo
Fo
Holopaw Basinger complex; Urban Land Immokalee Oldsmar Limestone Substratum
complex; Satellite fine sand; and Urban Land Satellite Complex. Soil Conservation
Service mapping of soil types is shown on Map E of the Pelican Marsh Community
Application for Development Approval, and Map E of the NOPC.
Prior to development, vegetatiOn on site primarily consisted of agricultural fields,
(active and abandoned) including agricultural facilities, pine flatwoods, Brazilian
Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress,
disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is shown on
Map F of the Pelican Marsh Community Application for Development Approval, and
Map F of the NOPC.
The project site is located within the Cocohatchee River Basin as depicted within the
Collier County Drainage Atlas (1993). The general surface drainage pattern of the
site west of Airport road runs in a south to north direction into the Pine Ridge Canal.
The drainage pattern of the site east of Airport road runs in an east to west direction
into the Airport Road Canal. Both canals eventually discharge into the Cocohatchee
River. The Stormwater Management Master Plan is shown on Map I of the Pelican
Marsh Community Application for Development Approval, and Map I of the NOPC.
1.5
1.6
DEVELOPMENT OF REGIONAL IMPACT
Due to its scope, the Pelican Marsh Community has been reviewed and approved by Collier
County pursuant to Section 380.06, Florida Statutes, as a Development of Regional Impact
(DRI). The Developer has also received approval from the Florida Department of
Community Affairs (DCA) for an application for a Preliminary Development Agreement
(PDA) encompassing 1,086.5 acres of the Pelican Marsh Community. This approval
provided the State's authorization for the commencement and development of the first phase
of the Community, which is below 80% of any applicable DRI threshold.
DENSITY
Acreage of the Pelican Marsh Community is approximately 2214 acres and the number of
dwelling units authorized to be built pursuant to this PUD is 4800. The gross project density,
therefore, will be a maximum of 2.16 units per acre.
At all times all property included within the pelican marsh community shall be included in
determining project density, including property reserved or dedicated for public uses, such
as, but not limited to, public roadways.
1-9
SECTION II
PROJECT DEVELOPMENT
2.1
2.2
2.3
PURPOSE
The purpose of this Section is to generally describe the plan of development for the Pelican
Marsh Community, and to identify relationships to applicable County ordinances, policies,
and procedures.
GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Pelican Marsh Community, a private community, will include a broad range of single
family and multi-family housing; 72 holes of golf with clubhouses and other associated
facilities; a master planned activity center, including a resort hotel and cultural facilities;
stormwater management lakesi open spaces and reserve areas.
The Master Plan is illustrated graphically on Johnson Engineering, Inc., File No. 19991406,
Map H-3, attached hereto as Exhibit "A". A Land Use Summary indicating approximate
land use acreages is shown on the Plan. The location, size, and configuration of individual
tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor
adjustments at the time of Final Plat approval, in accordance with Article 3, Division 3.2,
Section 3.2.7, of the Collier County Land Development Code.
GENERAL COMPLIANCE WITH COUNTY ORDINANCES
Bo
Regulations for development of Pelican Marsh Community shall be in accordance
with the contents of this PUD Ordinance and applicable sections of the Collier
County Land Development Code (to the extent they are not inconsistent with this
PUD Ordinance) which are in effect at the time of issuance of any development order
to which said regulations relate which authorizes the construction of improvements,
such as but not limited to Final Subdivision Plat, Final Site Development Plan,
Excavation Permit and Preliminary Work Authorization. Preliminary Work
Authorization was approved by the Board of County Commissioners on May 20,
1993 and amended on April 19, 1994. Where this PUD Ordinance or subsequently
adopted Community Design Guidelines and Standards fail to provide developmental
standards, then the provisions of the most similar zoning district or section of the
Collier County Land Development Code shall apply.
Unless otherwise defined herein, or as necessarily implied by context, the definitions
of all terms shall be the same as the definitions set forth in the Collier County Land
Development Code in effect at the time of development order application.
Development permitted by the approval of this PUD will be subject to a concurrency
review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the
Collier County Land Development Code.
2-1
Do
Eo
Fo
Go
Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of other applicable sections of the Land Development Code remain in
effect with respect to the development of the land which comprises this PUD.
All conditions imposed herein or as represented on the Pelican Marsh Community
Master Plan are part of the regulations which govern the manner in which the land
may be developed.
The Subdivisions Division of the Collier County Land Development Code (Article 3,
Division 3.2) shall apply to the Pelican Marsh Community, except where an
exemption is set forth herein or otherwise granted pursuant to Land Development
Code, Section 3.2.4.
The Site Development Plans Division of the Collier County Land Development Code
(Article 3, Division 3.3) shall apply to Pelican Marsh Community, except where an
exemption is set forth herein or otherwise granted pursuant to Land Development
Code, Section 3.3.4.
2.4
2.5
COMMUNITY DEVELOPMENT DISTRICT
The developer has established the Pelican Marsh Community Development District
(PMCDD) to design, construct, manage, and maintain infrastructure and community facilities
needed to serve the Project. The PMCDD constitutes a timely, efficient, effective,
responsive and economic way to ensure the provision of facilities and infrastructure for the
proposed development. Such infrastructure as may be constructed, managed and financed by
the PMCDD shall be subject to, and shall not be inconsistent with, the Collier County
Growth Management Plan and all applicable ordinances dealing with planning and
permitting of the Pelican Marsh Community.
The land area is amenable to infrastructure provision by a district that has the powers set
forth in the charter of a Community Development District under Section 190.006 through
190.041, Florida Statutes. Such a district is a legitimate alternative available both to the
County and to the landowner for the timely and sustained provision of quality infrastructure
under the terms and conditions of County development approval.
ROADWAYS
Roadways within the Pelican Marsh Community are included as one of the PMCDD
provided infrastructure improvements. Standards for roads shall be in compliance with the
applicable provisions of Collier County Land Development Code regulating subdivisions,
unless otherwise modified, waived or excepted by this PUD or approved during Preliminary
Subdivision Plat approval. The Developer reserves the right to request substitutions to Code
design standards in accordance with Article 3, Division 3.2., Section 3.2.7.2 of the Collier
County Land Development Code. The Developer also reserves the right to establish gates,
guardhouses, and other access controls as may be deemed appropriate by the Developer on
all privately owned and maintained project roadways.
2-2
2.7
2.8
2.9
2.10
LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the
Collier County Land Development Code may be reduced with the administrative approval of
the Collier County Development Services Director and the Pelican Marsh Design Review
Committee (PMDRC). All lakes greater than two (2) acres may be excavated to the
maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of
fill from the Pelican Marsh Community shall be limited to an amount up to 10 percent per
lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a
commercial excavation permit is received.
USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way for landscaping,' decorative
entranceways, and signage may be allowed subject to review and administrative approval by
the Developer and the Collier County Development Services Director for engineering and
safety considerations during the development review process and prior to any installations.
MODEL HOMES/SALES CENTERS
Model homes, sales centers and other uses and structures related to the promotion and sales
of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas,
tents, and signs, shall be permitted principal uses throughout the Pelican Marsh Community
subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3,
Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code.
CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as
provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development
Code. Minor changes and refinements as described in Section 8.3 of this PUD Document
may be made in connection with any type of development or permit application required by
the Collier County Land Development Code.
COMMON AREA MAINTENANCE
Most common area maintenance will be provided by the PMCDD. The PMCDD is a
legitimate alternative for the timely and sustained provision of a quality common area
infrastructure and maintenance under the terms and conditions of a County development
approval. For those areas not maintained by the PMCDD, the Developer has created a
property owners' association or associations, whose functions shall include provision for the
perpetual maintenance of common facilities and open spaces. The PMCDD, or the property
owners' association, as applicable, shall be responsible for the operation, maintenance, and
management of the surface water and .stormwater management systems and reserves serving
the Pelican Marsh Community, in accordance with the provisions of Collier County
Ordinance 90-48 and Resolution 90-292, or successor ordinance, together with any
applicable permits from the Florida Department of Environmental Protection, U.S. Army
Corps of Engineers, and South Florida Water Management District.
2-3
2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as principal uses
throughout the Pelican Marsh Community. The following standards shall apply:
Co
Do
Eo
Landscape berms shall have the following maximum side slopes:
1. Grassed berms 3:1
2. Ground covered berms 2:1
3. Rip-Rap berms 1:1
4. Structural walled berms - vertical
Fence or wall maximum height: six feet (6'), as measured from the finished grade of
the ground at the base of the fence or wall. For the purpose of this provision, finished
grade shall be considered to be no greater than eighteen inches (18") above the
highest crown elevation of the nearest existing road unless the fence or wall is
constructed on a perimeter landscape berm. In these cases, the wall shall not exceed
six feet (6') in height from the top of the berm elevation for berm elevations with an
average side slope of 4:l or less, and shall not exceed four feet (4') in height from the
top of the berm elevation for berms with average side slopes of greater than 4:1 (i.e.
3:1).
Landscape buffers, berms, fences and walls may be constructed along the perimeter
of the Pelican Marsh Community PUD boundary prior to preliminary subdivision plat
and site development plan submittal. All such areas must be included in a landscape
easement on final plats, or in a separate recorded instrument.
Fences and walls which are an integral part of security and access control structures
such as gate houses and control gates shall not be subject to the height limitations set
forth under Section 2.11 B, of this document and shall be governed by the height
limitations for principal structures of the district in which they are located. In the
case of access control structures within right-of-ways adjoining two or more different
districts, the more restrictive height standard shall apply.
Pedestrian sidewalks and/or bike paths, water management systems and drainage may
be allowed in landscape buffers subject to review and approval by the PMDRC.
2.12
FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Pelican Marsh
Community. Fill material generated from properties owned or leased by the Developer may
be transported and stockpiled within areas that have been disturbed/farmed. Prior to
stockpiling in these locations, a Letter of Notification along with plans showing the locations
and cross-sections shall be submitted to Collier County Engineering Review Services for
review and approval. The following standards shall apply:
A. Stockpile maximum side slope 3:1
2-4
Bo
Stockpile maximum height: thirty-five feet (35')
Fill storage areas shall be screened with a security fence at least six feet (6') in height
above ground level.
The following FLUCCS Code lands as shown on Map F of the Pelican Marsh
Community Application for Development Approval may be used for fill storage: 200,
212, 214, 422, 424, 740.
Fill storage in excess of five feet (5') in height shall be located no closer than three
hundred feet (300') from any developed residential properties.
Soil erosion control shall be provided in accordance with Collier County Land
Development Code, Division 3.7.
Fill storage shall not be permitted in areas occupied by threatened or endangered
species unless an approved management plan permits such use.
2.13
2.14
DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Development District is intended to encourage ingenuity,
innovation and imagination in the planning, design and development or redevelopment of
relatively large tracts of land under unified ownership or control, as set forth in the Collier
County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1.
The Pelican Marsh Community is planned as a private, large scale, functionally interrelated
community under unified control, to be developed over an extended time period. Developer
has established community-wide design guidelines and standards to ensure a high and
consistent level of quality for community features and facilities, which include features and
facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems,
bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and
other similar facilities. Upon approval of specific guidelines and standards by Collier County
and the Developer, those guidelines shall be considered as supplemental standards or
requirements of this Planned Unit Development Ordinance.
The Developer will also establish supplemental design guidelines and standards by means of
recorded covenants, conditions, and restrictions, the existence of which shall be noted on the
Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions, and
restrictions shall provide the prior to submittal of an application for Preliminary Subdivision
Plat, Final Subdivision Plat or Site Development Plan Application to Collier County, an
applicant must first submit the application to the PMRDC for review and approval. Collier
County shall not accept any such application for processing unless it is accompanied by a
letter indicating the Developer's review and approval.
REQUIRED ENVIRONMENTAL PERMITS
Where the development of land within this Planned Unit Development requires a permit from
a local, state, or Federal Agency with jurisdiction over the property (regulating agency)
proposed for development, then the Developer shall obtain such permits as may be required
2-5
2.15
2.16
prior to the commencement of construction or alteration of the land specifically requiring
such permit. Where such regulating agency issues a permit, Collier County shall not impose
conditions, exactions or modifications that are in conflict with or exceed the requirements of
the issued permit, provided that Collier County may impose conditions that exceed and are
not in conflict with the issued permit if Collier County's regulatory jurisdiction as provided
in the Collier County Growth Management Plan and Land Development Code exceeds that
of the other regulating agencies. In such a case, Collier County's environmental permitting
guidelines and requirements shall control relative to the specific County permit only.
Construction approvals from Collier County may be phased to allow construction of portions
of a particular use that do not impact lands which require an environmental permit, provided
that such environmental permits have been applied for and are being processed by the
appropriate agencies, and subject to the understanding that it is the Developer's sole risk if
such permits are not finally issued to allow completion of the proposed use.
pRELIMINARY SUBDIVISION PLAT PHASING
Due to the size and anticipated build-out period of the Pelican Marsh Community,
submission, review, and approval of Preliminary Subdivision Plats for the project may be
accomplished in phases to correspond with the planned development of the property.
GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Pelican Marsh
Community PUD except in the Reserve District. General permitted uses are those uses
which generally serve the Developer and residents of Pelican Marsh Community and are
typically part of the common infrastructure or are considered community facilities.
mo
General Permitted Uses:
1. Essential services as set forth under Collier County Land Development Code,
Section 2.6.9.1.
Water management facilities and related structures.
Temporary sewage treatment facilities
Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
Guardhouses, gatehouses, and access control structures.
Community and neighborhood parks, recreational facilities, community
centers.
Temporary construction, sales, and administrative offices for the Developer
and the Developer's authorized contractors and consultants, including
necessary access ways, parking areas and related uses.
Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.11 of this PUD.
o
2-6
9. Fill storage subject to the standards set forth in Section 2.12 of this PUD.
10. Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
Development Standards:
Unless otherwise set forth in this Document, the following development standards
shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - fifteen feet (15')
except for guard houses, gatehouses, and access control structures which have
no required setback.
Setback from property lines - one half (1/2) the height of the structure.
Minimum distance between structures which are part of an architecturally
unified grouping - five feet (5').
Minimum distance between unrelated structures - ten feet (10').
Maximum height of structures - twenty-five feet (25').
Minimum floor area - None required.
Minimum lot or parcel area - None required.
Sidewalks, bikepaths, and cart paths may occur within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk, bikepath, or
cartpath.
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within the adopted Pelican Marsh
Community design guidelines and standards, are to be in accordance with
Collier County Land Development Code in effect at the time of Site
Development Plan Approval.
5.
6.
7.
8.
2.17
2.18
OPEN SPACE REQUIREMENTS
The PUD Master Plan identifies approximately 1327.3 acres included in the Golf
Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous open
space buffer designations. These areas, in conjunction with open space areas included within
the Residential District, fully satisfy the open space requirements of Article 2, Division 2.6,
Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code.
NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier
County Growth Management Plan, 25% of the viable natural functioning native vegetation
on site shall be retained. The total area of viable natural functioning native vegetation within
the PUD boundary is 942.54 acres, therefore 235.66 acres are required to be retained. This
requirement is fully satisfied within the Reserve District and no further preservation is
required.
2-7
2.19 SIGNAGE
A. All Collier County sign regulations in force at the time of approval of this PUD
rezoning action shall apply unless such regulations are in conflict with the conditions set
forth in this section, in which case the PUD Document shall govern.
B Boundary marker monuments containing project identification signs designed to
promote the project or any major use within the project shall be permitted along the project
boundaries on U.S. 41, Goodlette-Frank Road, Vanderbilt Beach Road, Airport Road, and
future Livingston Road. V-type boundary marker monuments shall be permitted only at
intersections.
C. A maximum often (10) boundary marker monuments shall be permitted.
D. The sign face area of each side of the boundary marker monument may not exceed 64
square feet. The edges of any sign face may not extend above the top or beyond the comer
edge of any boundary marker monument on which it is located. If the boundary marker
monument is two-sided, each sign face may not exceed 64 square feet of area.
E. Each side of a boundary market monument may contain up to four (4) individual
project, business or directional identifications (message areas), as long as the total sign face
does not exceed 64 square feet of area. The size of the words, letters, graphics, and the
typography and color scheme used in each individual project, business or directional
identification on a sign on a boundary marker monument shall be similar to and consistent
with the other identifications placed on the same boundary marker monument.
F. Entrance signs may be located at each entrance to the project and may be one, two or
three-sided. Such signs may contain up to four (4) individual project, business or directional
identifications (message areas) per side, as long as the total sign face on each side does not
exceed 64 square feet of area. Where a three-sided sign is utilized, the third sign side shall
face internal to the development and the sign message area shall not exceed 10 square feet.
The size of the words, letters, graphics, and the typography and color scheme used in each
individual project, business or directional identifications on an entrance sign shall be similar
to and consistent with the other identification placed on the same sign. A maximum of two
1-sided, one 2-sided, or one 3-sided entrance signs may be permitted at each entrance, with
the exception of the entrance on the east side of Airport Road where 3 1-sided entrance signs
may be permitted.
G. Boundary marker monuments and entrance signs may not exceed a height of 8 feet
above the crown of the nearest road, unless the sign (or wall containing the sign) is
constructed on a perimeter landscape berm, in which case the sign shall not exceed a height
of 8 feet.
H. Boundary marker monuments and entrance signs may be lighted provided all lights
are directed to the sign or are shielded.
2-8
SECTION III
RESIDENTIAL LAND USE DISTRICT
3.1
3.2
3.3
3.4
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas
within the Pelican Marsh Community designated on the Master Plan as "R".
MAX1MUM DWELLING UNITS
A maximum number of 4800 residential dwelling units may be constructed on lands
designated "R".
GENERAL DESCRIPTION
Areas designated as "R" on the Master Plan are designed to accommodate a full range of
residential dwelling types, compatible non-residential uses, a full range of recreational and
educational facilities, essential services, and customary accessory uses.
The approximate acreage of the "R" district is indicated on the PUD Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the time of Site Development Plan or Preliminary
Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2
respectively, of the Collier County Land Development Code. Residential tracts are designed
to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water
management facilities, and other similar uses found in residential areas.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
Principal Uses:
1.
2.
3.
4.
5.
6.
Single Family Detached Dwellings.
Single Family Patio and Zero Lot Line Dwellings.
Two-family and Duplex Dwellings.
Single Family Attached and Townhouse Dwellings.
Multi-Family Dwellings including Garden Apartments.
Churches and other places of worship, subject to Collier County staff
administrative approval during Site Development Plan review to address site
location, size, ingress and egress, and buffering requirements, and subject to
the Multi-family Development Standards set forth in Table I.
3-1
7. Schools (public or private)
8. Assisted Living Facilities, Group Care Facilities (Category I and II), Care
Units, Nursing Homes, and Family Care Facilities (collectively ALF) only
east of Airport Road.
9. Rental Residential Units
Up to 50 residential units, which shall not be subject to the definition of
"dwelling, multiple family", contained in Division 6.3 of the Land
Development Code, may be constructed east of Airport Road within the
Activity Center and the residential parcel north of and adjacent to the
designated Activity Center. These residential units may be rented by the day,
week, month or other rental periods determined by their respective
owner/manager, which shall be either the hotel located within the activity
center or the entity owning the golf course use. Each residential unit shall
constitute and be counted as one of the 4800 authorized residential units
within the Pelican Marsh development and shall be developed in accordance
with the residential development standards in Section 3.5 of this PUD
Document.
10. Any other principal use which is comparable in nature with the foregoing uses
and which the Development Services Director determines to be compatible in
the "R" district.
B. Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal uses
permitted in this district.
2. Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "R" District.
3.5
DEVELOPMENT STANDARDS
ho
Bo
Table I sets forth the development standards for land uses within the "R" Residential
District.
Site development standards for categories 1-4 uses apply to individual residential lot
boundaries. Category 5 standards apply to platted parcel boundaries.
Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within the adopted Pelican Marsh Community design
guidelines and standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval. Unless
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
Development standards for uses not specifically set forth in Table I shall be
established during Site Development Plan Approval as set forth in Article 3, Division
3-2
Eo
Go
Ho
3.3. of the Land Development Code in accordance with those standards of the zoning
district which is most similar to the proposed use.
In the case of residential structures with a common architectural theme, required
property development regulations may be waived or reduced provided a site plan is
approved by the Collier County Planning Commission in accordance with Article 2,
Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code.
Common open space requirements are deemed satisfied pursuant to Section 2.17 of
this PUD.
Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3,
Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2 shall
be limited to single family dwellings, multi-family dwellings, water management
facilities and lakes, and customary single family accessory uses. Residential lands
abutting those areas of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail
Woods Estates zoned RMF-6 shall be limited to single, two-family, and multi-family
dwellings, water management facilities and lakes and customary residential accessory
uses. Where multi-family uses abut off-site single family uses, there shall be a
minimum separation of one hundred feet (100') between the two uses. In addition, a
platted right-of-way or platted landscaped buffer, a minimum width of thirty feet
(30') and meeting the opacity requirements of an alternative type "C" buffer as
described in the LDC, must be provided within the one hundred feet (100').
Off-street parking required for multi-family uses shall be accessed by parking aisles
or driveways which are separate from any roads which serve a development
exceeding 96 units. A cul-de-sac road within the development may have abutting
surface parking where the parking serves 24 units or less. A green space area of not
less than ten feet (10') in width as measured from pavement edge to pavement edge
shall separate any parking aisle or driveway from any abutting road, with the
exception of cul-de-sacs serving 24 units or less.
Single family patio and zero lot lines dwellings are identified separately from single
family detached dwellings with conventional side yard requirements to distinguish
these types for the purpose of applying development standards under Table I. Patio
and zero lot line dwellings shall be defined as any type of detached single family
structure employing a zero or reduced side yard as set forth herein, and which
conform to requirements of Collier County Land Development Code, Article 2,
Division 2.6, Subsection 2.6.27.
Attached or detached courtyard residences which include cabana bedrooms separately
accessed from the courtyard and not from the main house are permitted providing
that:
1. The cabana structure must be connected to other portions of the residence in a
manner that gives the entire residence the appearance in elevation from the
street of being one single family residence.
2. The cabana structures must be accessible only from the enclosed courtyard
and must not be directly accessible from the street; and
3. The cabana structure may not contain primary cooking facilities.
3-3
TABLE I
PELICAN MARSH COMMUNITY
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS
PERMITTED USES SINGLE PATIO & TWO SINGLE FAMILY MULTI ASSISTED
AND STANDARDS FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY LIVING
DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS FACILITIES
Category I 2 3 4 5 8
Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF 3,000 SF*4 I AC ! AC
Minimum Lot Width
*5 75 50 35 30 150 150
Front Yard 25 20 *3 20 *3 20 *3 25 25
Front Yard for Side
Entry Garage 15 10 10 10 15 15
Side Yard 7.5 *6 0 or 7.5 0 or .5 BH .5 BH 20 or .5 BH
Rear Yard Principal 20 ! 0 20 20 BH BH
Rear Yard Accessory 10 5 10 10 15 15
Rear Yard Special *1 10 5 10 l0 .5 BH .5 BH
Maximum Building
Height *2 35 35 35 35 50 50
Distance Between
Principal Structures 15 10 0 or 15 .5 SBH .5 SBH .5 SDH
Floor Area Min. (S.F.) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF '8 N/A *7
BH: Building Height
SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements.
All distances are in feet unless otherwise noted.
*1 - With approval from PMDRC, rear yards for principal structures on lots which abut golf course, lake, open space, or reserve areas. Setback from
lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval
from Planning Services Department.
With approval from PMDRC, front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way lines.
B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed).
*2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation
of the structure.
*3 - Single family dwellings which provide for 2 parking spaces within an enclosed garage and provide for guest parking other than in private
driveways may reduce the front yard requirement to 5' for the garage and 15 feet for the remaining structures.
*4 - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F.
*5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is still maintained.
*6 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the
structure shall have a 10 foot (10') yard. Zero foot (0') yards may be used on both sides of a structure provided that the opposite ten foot (10') yard is
provided. Patios, pools and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is
granted from the adjoining dwelling unit owner.
*7 - For density comparison, each residential unit shall equal 4.0 ALF units.
*8 - Structures east of Airport Road have a minimum floor area of 750 S.F.
3-4
SECTION IV
GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT
4.1 PURPOSE
4.2
The purpose of this Section is to identify permitted uses and development standards for areas
within the Pelican Marsh Community designated on the Master Plan as "GCO" and
Miscellaneous Open Space/Buffer.
GENERAL DESCRIPTION
Areas designated as "GCO" and Miscellaneous Open Space/Buffer on the Master Plan are
designed to accommodate a full range of golf course, recreational, water management and
open space uses, as well as to provide lands for community-related ancillary uses and
essential services.
4.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Golf courses, golf clubhouses, golf facilities, golf teaching facilities including
classrooms and temporary golf clubhouses.
2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs.
3. Project information and sales centers.
4. Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds, water
and wastewater treatment plants, utilities pumping facilities and pump
buildings, utility and maintenance staff offices.
5. Public administration facilities.
6. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing
piers, picnic areas, fitness trails and shelters.
7. Any other principal use which is comparable in nature with the foregoing uses
and which the Development Services Director determines to be compatible in
the "GCO" and Miscellaneous Open Space/Buffer District.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the principal uses
permitted in this district.
2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters,
snack bars, golf course maintenance yards.
4-1
o
o
o
o
Retail establishments accessory to the permitted uses of the District such as,
but not limited to, golf, tennis, and recreational related sales.
Restaurants, cocktail lounges, and similar uses intended to serve club
members and club guests.
Shuffleboard courts, tennis courts, swimming pools, and all other types of
accessory facilities intended for outdoor recreation.
Telecommunications facilities.
Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "GCO" and Miscellaneous Open Space/Buffer District.
4.4
DEVELOPMENT STANDARDS
ho
Bo
Do
G.
H.
I.
J.
Ko
Principal structures shall be Set back a minimum of twenty feet (20') from "GCO"
and Miscellaneous Open Space/Buffer District boundaries and private roads, and fifty
feet (50') from all PUD boundaries and residential tracts, except where the PUD abuts
the Collier County Wastewater Treatment Plant or a public fight-of-way, in which
case the setback shall be one half (1/2) the height of the structure.
Accessory structures shall set back a minimum of ten feet (10') from "GCO" and
Miscellaneous open Space/Buffer District boundaries and private roads, and twenty
feet (20') from all PUD boundaries and residential tracts, except where the PUD abuts
the Collier County Wastewater Treatment Plant or a public right-of-way, in which
case the setback shall be one half (1/2) the height of the structure.
Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
Maximum height of structures - Fifty feet (50').
Minimum distance between principal or accessory structures which are a part of an
architecturally unified grouping - Ten feet (10').
Minimum distance between all other principal structures - Twenty feet (20').
Minimum distance between all other accessory structures - Ten feet (10').
Minimum floor area - None required.
Minimum lot or parcel area - None required.
Parking for the community center/clubhouse shall be one space per every two
hundred (200) square feet of gross floor area, which shall be considered inclusive of
required golf course parking.
Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within the adopted Pelican Marsh Community design
guidelines and standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Developmeht Plan Approval. Unless
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
4-2
SECTION V
RESERVE DISTRICT
5.1
5.2
5.3
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas
within the Pelican Marsh Community designated on the Master Plan, as "Reserve."
GENERAL DESCRIPTION
Areas designated as "Reserve" on the Master Plan are designed to accommodate a full range
of conservation and limited water management uses and functions. The primary purpose of
the Reserve District is to retain viable naturally functioning wetland and xeric upland
systems, to allow for restoration and enhancement of impacted or degraded wetland systems,
and to provide an open space amenity for the enjoyment of the Pelican Marsh Community
residents.
PERMITTED USES ANT) STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
Permitted Principal Uses and Structures
1. Passive recreational areas, boardwalks, including recreational shelters and
restrooms.
2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in
wetlands).
3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands.
4. Water management facilities, structures and lakes, including lakes with
bulkheads or other architectural treatments.
5. Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and
other applicable permits.
6. Roadway crossings and utility crossings at Pelican Marsh Boulevard,
Vanderbilt Beach Road, Goodlette-Frank Road, and the Cocohatchee Strand
Golf Course crossing/reconnection area.
7. Utility lines in xeric uplands.
8. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and which the Development
Services Director determines to be compatible in the Reserve District.
5-1
5.4 DEVELOPMENT STANDARDS
Bo
Co
D.
E.
F.
G.
H.
All structures shall set back a minimum of five feet (5') from Reserve District
boundaries and roads, except for pathways, boardwalks and water management
structures, which shall have no required setback.
Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
Maximum height of structures - Twenty-five feet (25').
Minimum distance between principal structures - Ten feet (10').
Minimum distance between accessory structures - Five feet (5').
Minimum floor area - None required.
Minimum lot or parcel area - None required.
Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Pelican Marsh Community Design
Guidelines and Standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval. Unless
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
5.5
RESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land
Development Code Section 3.2.8.4.7.3 for preservation lands included in the Reserve
District. In addition to Collier County, a conservation easement may also be required by
other regulatory agencies with jurisdiction over Reserve District lands. In addition to
complying with provisions of the Collier County Land Development Code, said easement
shall be provided in accordance with the terms set forth in the applicable permit granted by
said agencies, and as set forth in PUD Section 8.13 hereof. The Developer, its successor or
assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible for control and
maintenance of lands within the Reserve District. Conservation easements shall be recorded
in conformance with the Preliminary Work Authorization as amended on April 19, 1994.
5-2
SECTION VI
COMMUNITY FACILITY DISTRICT
6.1 PURPOSE
6.2
6.3
6.4
The purpose of this Section is to identify permitted uses and development standards for areas
within the Pelican Marsh Community designated on the Master Plan as "CF".
MAXIMUM SQUAREFOOTAGE
A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be
constructed on lands designated "CF".
GENERAL DESCRIPTION
Areas designated as "CF" on the Master Plan are designed to accommodate a full range of
cultural uses, essential services, and customary accessory uses.
The approximate acreage of the "CF" District is indicated on the Master Plan. This acreage
is based on conceptual designs and is approximate. Actual acreages of all development tracts
will be provided at the time of Site Development Plan or Preliminary Subdivision Plat
approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the
Collier County Land Development Code. Cultural Center tracts are designed to
accommodate internal roadways, open spaces, lakes and water management facilities, and
other similar uses.
PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
mo
B
Principal Uses:
All uses normally associated with a community facility including but not limited to:
1. Churches and places of worship
2. Governmental buildings
3. Child daycare facilities
4. Civic, social and fraternal associations
5. Any other principal use which is comparable in nature with the foregoing uses
and which the Development Services Director determines to be compatible in
the "CF" District.
Accessory Uses and Structures:
1. Accessory uses and structures customarily 'associated with the principal uses
permitted in the district.
2. Recreational facilities.
6-1
o
Classroom facilities.
Any other accessory uses which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "CF" district.
6.5
DEVELOPMENT STANDARDS
mo
C4
D°
Eo
Go
H.
I.
J.
K
Principal structures shall be set back a minimum of twenty feet (20') from "CF"
District boundaries and private roads, and fifty feet (50') from all PUD boundaries,
public roads and residential tracts.
Accessory structures shall be set back a minimum of twenty feet (20') from District
boundaries and private roads, and twenty feet (20') from PUD boundaries, public
roads and residential tracts.
Setback from lakes for all principal and accessory uses may be zero feet (0') provided
architectural bank treatment is incorporated into the design and subject to written
approval from PMDRC, PMCDD, and Collier County Development Services
Department.
Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
Maximum height of structures - Eighty feet (80').
Minimum distance between principal or accessory structures which are a part of an
architecturally unified grouping - Ten feet (10').
Minimum distance between all other principal structures - Twenty feet (20').
Minimum distance between all other accessory structures - Ten feet (10').
Minimum floor area - None required.
Minimum lot or parcel area - None required.
Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Pelican Marsh Community design
guidelines and standards, are to be in accordance with the Collier County Land
Development Code in effect at the time of Site Development Plan Approval. Unless
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
6-2
SECTION VII
ACTIVITY CENTER DISTRICT
7.1
7.2
7.3
7.4
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas
within the Pelican Marsh Community designated on the Master Plan as "AC".
MAXIMUM SQUARE FOOTAGE/ROOMS
A maximum of 381,000 square feet gross floor area(331,400 square feet leasable floor area)
of retail uses; 295,800 square feet gross floor area of office use, including up to 26,000
square feet of medical offices, and 450 hotel rooms may be constructed on lands designated
"AC."
GENERAL DESCRIPTION
Areas designated as "AC" on the Master Plan are designed to accommodate a full range of
retail, service and office commercial uses, essential services, and customary accessory uses.
The approximate acreage of the "AC" District is indicated on the Master Plan. This acreage
is based on conceptual designs and is approximate. Actual acreages of all development tracts
will be provided at the time of Site Development Plan or Preliminary Subdivision Plat
approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the
Collier County Land Development Code. Activity Center tracts are designed to
accommodate internal roadways, open spaces, lakes and water management facilities, and
other similar uses found in Activity Center areas.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
mo
Permitted Principal Uses and Structures:
1. Accounting, Auditing and Bookkeeping Services (Group 8721).
2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991,
7993, 7997).
3. Apparel and Accessory Stores (Groups 5611-5699).
4. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599).
5. Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7542).
6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261).
7. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck,
portable toilet and oil field equipment renting and leasing, 7361-7397 except
armored car and dog rental, 7389 except auctioneering, bronzing, field
warehousing, salvaging of damaged merchandise).
8. Commercial Printing (Group 2752, excluding newspapers).
9. Depository Institutions (Groups 6011-6099).
10. Eating and Drinking Establishments (Group 5812, 5813).
11. Engineering, Accounting, Research, Management and Related Services
(Groups 8711-8748).
12. Food Stores (Groups 5411-5499).
7-1
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
General Merchandise Stores (Groups 5311-5399).
Glass and Glazing Work (Group 1793).
Golf Club Facilities including Ancillary Teaching Facilities and Temporary
Golf Clubhouses (Groups 7992, 7997, 7999).
Group Care Facilities (Category I and II), Care Units, Nursing Homes and
Family Care Facilities (Groups 8051 excluding mental retardation hospitals,
8052, 8059).
Health Services (Groups 8011-8049, 8082, 8093, 8099).
Holding and Other Investment Offices (Groups 6712-6799).
Hotels and Motels not to exceed 450 rooms (Groups 7011, 7021, 7041).
Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736).
Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411).
Legal Services (Group 8111).
Libraries (Group 8231).
Membership Organizations (Groups 8611-8699).
Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural
equipment repair; awning repair; beer pump coil cleaning and repair;
blacksmith shops; catch basin, septic tank and cesspool cleaning;
coppersmithing; farm machinery repair; fire equipment repair; furnace and
chimney cleaning; industrial truck repair; machinery cleaning; repair of
service station equipment; boiler cleaning; tinsmithing; tractor repair).
Miscellaneous Retail (Groups 5912-5963, 5992-5999).
Motion Picture Theatres (Group 7832).
Multi-Family Dwellings including Garden Apartments.
Non-Depository Credit Institutions (Groups 6111-6163).
Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning
only, 7217, 7219-7261 except crematories, 7291-7299).
Real Estate (Groups 6512, 6531, 6541).
Resort Recreation Facilities including but not limited to Tennis Clubs, Health
Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991, 7999).
Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97).
Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997,
7999).
Security and Commodity Brokers, Dealer, Exchanges and Services (Groups
6211-6289).
Social Services (Groups 8322-8399).
United States Postal Service (Group 4311 except major distribution center).
Veterinary Services (Groups 0742, 0752 excluding outside kenneling).
Video Tape Rental (Group 7841).
Vocational Schools (Groups 8243-8299).
Uses permitted under Section 3.4 of this PUD, subject to the Development
Standards of Section 3.5.
Any other principal use which is comparable in nature with the foregoing uses
(including general and professional offices not specifically listed above) and
which the Development Services Director determines to be compatible in the
"AC" district.
7-2
7.5
Bo
Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal uses
permitted in this District.
Customary accessory uses for hotel and motel principal uses including but not
limited to shops, personal service establishments, eating or drinking
establishments, dancing and staged entertainment facilities, and meeting
rooms and auditoriums where such uses are an integral part of a hotel or a
motel, with common architectural standards, even if contained in a free-
standing building. Other accessory uses include, but are not limited to,
recreational facilities that serve as an integral part of the permitted uses such
as pool, tennis facilities, parks, playgrounds and playfields.
Up to 50 residential units which shall not be subject to the definition of
"dwelling, multiple-family", contained in Division 6.3 of the Land
Development Code may be constructed east of Airport Road within the
Activity Center and the residential parcel north of and adjacent to the
designated Activity Center. These residential units may be rented by the day,
week, month or other rental periods determined by their respective
owner/manager, which shall be either the hotel located within the Activity
Center or the entity owing the golf resort use. Each residential unit shall
constitute and be counted as one of the 4,800 authorized residential units
within the Pelican Marsh development and shall be developed in accordance
with the residential development standards in Section 3.5 of this PUD
Document.
Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "AC" district.
DEVELOPMENT STANDARDS
mo
Minimum Yard Requirements:
1. Front Yard: Twenty-five feet (25') minimum or one-half the building height,
whichever is greater.
Side Yard: Fifteen feet (15').
Rear Yard: Fifteen feet (15').
Any yard abutting a residential parcel: Twenty-five feet (25').
Setback from a lake for all principal and accessory uses may be zero feet (0')
provided architectural bank treatment is incorporated into the design and
subject to written approval from PMDRC, PMCDD and Collier County
Development Services Department.
3.
4.
5.
Bo
Co
Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
Maximum height of structures - One hundred feet (100').
7-3
D. Minimum distance between all other principal structures - Twenty feet (20').
Fo
Jo
Ko
Minimum distance between all other accessory structures (excluding drive-through
facilities) - Ten feet (10').
Minimum floor area - Seven hundred (700) square feet gross floor area on the ground
floor.
Minimum lot or parcel area - Ten thousand (10,000) square feet.
Minimum lot width - Seventy-five feet (75').
Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Pelican Marsh Community design
guidelines and standards, are to be in accordance with the Collier County Land
Development Code in effect at the time of Site Development Plan Approval. Unless
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
The maximum density for Adult Congregate Living Facilities and other types of
elderly housing shall be twenty-six (26) units per gross acre.
The net platted parcel density of hotel rooms per acre may exceed twenty-six (26)
rooms per acre; however, the total number of hotel rooms permitted in the Activity
Center District shall be 450.
7-4
SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
8.1 PURPOSE
The purpose of this Section is to set forth the development commitments of the Developer
within the Pelican Marsh Community.
8.2 GENERAL
8.3
All facilities shall be constructed in accordance with the final site development plans, the
final subdivision plans, and all applicable state and local laws, codes and regulations relating
to the subdivision of the land, except where specifically noted or otherwise set forth in this
Document, or as otherwise approved by Collier County. All state and federal permits shall
be effective according to the stipulations and conditions of the permitting agencies. Final
master plans, final site development plans or final subdivision plats, and standards and
specifications of the Collier County Land Development Code relating to the same shall apply
to this project, except as otherwise set forth herein.
In addition, the Master Plan and the regulations of the PUD Document as adopted along with
any other specific conditions or stipulations as may be agreed to in the rezone hearing before
the Board of County Commissioners, shall control and be applicable to development of the
subject property. The Developer, its successors and assigns shall be bound by said
documents, commitments and stipulations.
MASTER PLAN
The Master Plan, Map H-3 attached hereto as Exhibit "A" (Johnson Engineering, Inc., File
No. 19991406) is an illustrative preliminary development plan. The design elements and
layout illustrated on the Master Plan shall be understood to be flexible, so that the final
design may satisfy the Developer's criteria and comply with all applicable requirements of
this Ordinance.
The Development Services Director shall be authorized to approve minor changes and
refinements to the Pelican Marsh Community Master Plan upon written request of the
Developer.
AJ
The following limitations shall apply to such requests:
1. The minor change or refinement shall be consistent with the Collier County
Growth Management Plan and the Pelican Marsh Community PUD
Document.
2. The minor change or refinement shall meet the criterion of Section
380.06(19)(e)2., Florida Statutes, and shall not require a determination and
Public Hearing pursuant thereto.
8-1
8.4
Bo
Co
Do
3. The minor change or refinement shall not constitute a substantial change
pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier County
Land Development Code.
4. The minor change or refinement shall be compatible with adjacent land uses
and shall not create detrimental impacts to abutting land uses, water
management facilities, and Reserve Areas within or external to the PUD.
The following shall be considered minor changes or refinements, subject to the
limitations of PUD Section 8.3.A:
1. Reconfiguration of Reserve Areas, jurisdictional wetland limits, and
mitigation features as a result of regulatory agency review.
2. Reconfiguration of lakes, ponds, canals, or other water management facilities
where such changes are consistent with the criteria of the South Florida Water
Management District and Collier County, and where there is no further
encroachment into Reserve Areas.
3. Reconfiguration of golf course envelopes and design features.
4. Internal realignment of rights-of-way other than a relocation of access points
to the PUD.
5. Reconfiguration of residential parcels when there is no encroachment into
Reserve Areas.
Minor changes and refinements as described above shall be reviewed by appropriate
Collier County staff to ensure that said changes and refinements are otherwise in
compliance with all applicable County Ordinances and regulations prior to the
Development Services Director's consideration for approval.
Approval by the Development Services Director of a minor change or refinement may
occur independently from and prior to any application for Subdivision or Site
Development Plan approval, however, such approval shall not constitute an
authorization for development or implementation of the minor change or refinement
without first obtaining all other necessary County permits and approvals.
POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code, accommodation shall be made for the future use of building space within
common areas for the purposes of accommodating the function of an electoral polling place.
An agreement between the Supervisor of Elections and the Developer was recorded in the
official records of the Clerk of the Circuit Court of Collier County, and is binding upon any
and all successors in interest that acquire ownership of such common areas including
homeowners' associations or tenant associations. This agreement provides for said
community recreation/public building/public room or similar common facility to be used for
a polling place if determined to be necessary by the Supervisor of Elections.
8-2
8.5 MONITORING REPORT
8.6
8.7
An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section
2.7.3.6 of the Collier County Land Development Code.
SUNSETTING
This PUD is subject to the sunsetting provision as provided in Article 2, Division 2.7.,
Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier
County issues a DRI Development Order for the Pelican Marsh Community, at which time
the provisions of the Development Order relative to duration and effective date shall govern.
TRANSPORTATION
Bo
Eo
F°
Go
The Developer shall provide appropriate left and/or right turn lanes at all community
access points to public rights-of-way at the time of construction of each access.
The Developer shall provide arterial level street lighting at all community access
points to State or County public rights-of-way at the time of construction of each
access.
The Developer shall provide a fair share contribution toward the capital cost of traffic
signals at any community access point to a public right-of-way when deemed
warranted by the County. These signals will be owned, operated and maintained by
Collier County.
Collier County and the Developer entered into an Agreement dated January 12, 1993,
(herein "Agreement") to address the alignment and environmental permitting for
Vanderbilt Beach Road (herein "VBR") through the Pelican Marsh Community
property; and to address environmental permitting for the expansion of Goodlette-
Frank Road from Immokalee Road to VBR.
As is set forth in the Agreement, the Developer is responsible for the environmental
permitting for the preferred road alignment of VBR within the Pelican Marsh
Community PUD property. Pursuant to the Agreement, the Developer is eligible for
Road Impact Fee credits for half of its expenditures per the Agreement in obtaining
environmental permits.
The Developer agrees to dedicate to Collier County the road right-of-way required for
that section of VBR within the Pelican Marsh Community PUD boundaries owned by
the Developer, upon request by Collier County, so long as that right-of-way is the
alignment depicted on the Pelican Marsh Community PUD Master Plan or an
alternative alignment acceptable to the Developer. The Developer shall be eligible
for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and
Section 380.06 (16) Florida Statutes,, as is further set forth in Section 8.12 hereof.
The value of said right-of-way dedication shall be equal to Developer's cost of
acquisition of the property.
There are acknowledged benefits to both the County and the Developer in the
alignment of VBR shown on the Pelican Marsh Community PUD Master Plan, and as
8-3
Ko
referenced in the Agreement and hereinafter as the "Preferred Alignment". However,
there is the potential that the cost of environmental permitting, mitigation, design and
construction of the road segment in its Preferred Alignment could be more expensive
than an alternative alignment within the area of consideration referenced in
Attachment 1 to the Agreement. If the ultimate alignment of VBR within the Pelican
Marsh Community PUD boundaries is the Preferred Alignment or the ultimate
alignment is otherwise acceptable to the Developer, the Developer agrees to pay the
"differential cost" for the segment of VBR within the Pelican Marsh Community
PUD boundaries. "Differential cost" means the reasonably ascertainable cost of
environmental permitting, environmental mitigation, design and construction of that
segment of VBR within the Pelican Marsh Community boundaries as compared to the
total of the same cost elements for permittable alternative alignments within the area
of consideration referenced in Attachment 1 to the Agreement. The Developer shall
not be entitled to reimbursement under the Agreement or Road Impact Fee credits for
the "differential cost" described herein.
The cost for design, permitting, and construction of the expansion to Goodlette-Frank
Road Overpass structure to expand said structure from two (2) lanes up to six (6)
lanes (as approved by the Board of County Commissioners), is the sole responsibility
of the Developer; and is not the responsibility of Collier County, the Pelican Marsh
Community Development District, or any property owners, or property owner
associations within Pelican Marsh. The Developer may elect to apply existing impact
fee credits from previous Pelican Marsh dedications or those received for the
Developer's dedication of road right-of-way for the future Livingston Road (as
specified in PUD Document, Section 8.7 at Paragraph P. below), as full or partial
payment of Developer's obligation to pay for the expansion of the Goodlette-Frank
Road overpass structure. The design, permitting and construction costs of the
Goodlette-Frank Road Overpass to meet the Financially Feasible Transportation Plan,
as well as the market value of Developer's land to be dedicated for the future
Livingston Road, shall be addressed in a Contribution Agreement to be entered into
by and between the Developer and the County.
Payment of road impact fees shall be in accordance with the applicable ordinance, as
amended, with the stipulation that payment shall occur at the time of building permit
issuance or in accordance with the requirements of the Collier County Land
Development Code, Division 3.15, Adequate Public Facilities.
These transportation stipulations set forth in Section 8.7 of the PUD are not intended
as a novation of the referenced Vanderbilt Beach Road Agreement; said agreement
remains in full force and effect, except to the extent certain provisions of the same
may be specifically superseded by the provisions of Section 8.7. of the PUD.
The Developer shall build, at its cost, a Vanderbilt Beach Road buffer within the
Pelican Marsh Community PUD property south of the Vanderbilt Beach Road right-
of-way and north of the Hickory Road right-of-way. This buffer shall include a
minimum six foot (6') berm landscaped and irrigated except where the roadway is
located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot be
constructed due to limited width, the buffer will include canopy trees and shrubs. The
buffer area will be completed prior to the opening of Vanderbilt Beach Road for
public use.
8-4
8.8
L. Internal access between the Pelican Marsh Community Activity Center and the
Pelican Marsh Community shall be designed in a manner that provides for vehicular,
pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses
without requiring residents of Pelican Marsh to exit the Community. Such access
may be restricted by the Developer to maintain the privacy and security of the Pelican
Marsh Community residents. Vehicular, pedestrian, and bicycle access connections
between the Pelican Marsh Community and the Activity Centers located at the
Vanderbilt Beach Road/U.S. 41 intersection and the Immokalee Road/U.S. 41
intersection shall not be required.
M. No final local development orders (building permits) will be granted for Activity
Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S. 41
to Airport-Pulling Road. Final Subdivision Plat applications and Final Site
Development Plan applications may be submitted and approved for Activity Center
uses after commencement of construction of Vanderbilt Beach Road from Airport-
Pulling Road to U.S. 41.
N. The Pelican Marsh Community shall be subject to any duly adopted fair share or pro-
rata funding mechanism established by Collier County to implement an area-wide
pedestrian and bicycle path system. The Pelican Marsh Community may be eligible
for credits to be applied toward its fair share pro-rata contribution based on
contributions made for the improvements to U.S. 41, Vanderbilt Beach Road, and
Goodlette-Frank Road.
O. The amended Pelican Marsh Community PUD Master Plan, Map "H-3" attached as
Exhibit "A" to the PUD Document, indicates the approximate location 'of access
points to the Pelican Marsh Activity Center and indicates full access or directional
access. The location of these access points is subject to change and will be finalized
at the time of permitting.
P. The Developer agrees to dedicate (or cause to have dedicated) to Collier County the
road right-of-way required for that section of proposed Livingston Road within the
Pelican Marsh Community PUD boundaries. The conveyance document shall
dedicate all property within the Pelican Marsh Community PUD east of the FPL
easement to the County and be by general warranty deed with a disclaimer as to
suitability of purpose. The timing of the dedication shall be at the request of Collier
County and Collier County shall be responsible for all costs of conveyance. The
Developer shall be entitled to impact fee credits for this dedication pursuant to
Ordinance 92-22 and Section 380.06(16), Florida Statutes, (1995). The value of the
dedicated property shall be determined pursuant to Subsection 2.7.2.8.1. of the LDC.
WATER MANAGEMENT
A. An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal
relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-102
and South Florida Water Management District Rules.
B. A copy of a South Florida Water Management District Permit or Early Work Permit
is required prior to construction plan approval.
C. A letter of no objection from the Collier County Utility Division stating that no
adverse impacts on the percolation ability of the adjacent wastewater treatment ponds
8-5
8.9
Do
Go
Ho
will occur as a result of the Pine Ridge Canal relocation shall be provided prior to
subdivision construction plans approval or Preliminary Work Authorization, which-
ever occurs first. Preliminary Work Authorization was approved by the Board of
County Commissioners on May 20, 1993, and amended on April 19, 1994.
All off-site flow collection and routing facilities shall be reviewed and approved by
Collier County Development Services Department at the time of subdivision
construction plan approval.
The fixed crest weir with emergency underflow gate which replaces the existing amil
gate will be reviewed and approved by Collier County at the time of Cocohatchee
Strand Restoration Plan construction plans or Preliminary Work Authorization
approval. Preliminary Work Authorization was approved by the Board of County
Commissioners on May 20, 1993, and amended on April 19, 1994.
As long as Collier County has operation and maintenance authority over the existing
Pine Ridge Canal amil gates on Immokalee Road (CR 846), The Developer or the
PMCDD will pay for the design and construction costs associated with the
rehabilitation of said amil gates. The rehabilitation will be limited to normal
refurbishment of the gates (including the bearings and access walks) and the gate
seals (if required). Replacement of the gates, cradles, structures, or foundations, if
required, will not be the responsibility of the Developer, the PMCDD, or their
assigns. Collier County will contribute $9,000.00 to the cost of design and
construction. The rehabilitation shall be complete by the time the Cocohatchee
Strand Restoration Plan is certified complete to the South Florida Water Management
District.
Water Management and canal easements conveyed to SFWMD and the County will
be per the Pelican Marsh Preliminary Work Authorization as amended on April 19,
1994.
If legally and physically possible, the PMCDD will maintain that portion of the Pine
Ridge Canal off-site from the south border of the PUD to a point immediately south
of the Immokalee Road amil gates. Maintenance responsibility by the PMCDD for
this portion will cease at the time of the issuance of the final development order for
the property encompassing said portion of canal. The PMCDD will not be
responsible for capital improvements to the canal or improvements to make
reasonable access to and along the canal possible.
The rate of post-development stormwater discharge into the Pine Ridge Canal,
Airport Road Canal and Immokalee Road Canal will be determined by SFWMD
during the surface water management permitting process.
UTILITIES
Bo
Temporary construction and/or sales trailers may use septic tanks or holding tanks for
waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or
irrigation wells.
Golf course rest stations and maintenance buildings may be permitted to use septic
tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6,
and may use potable and irrigation wells.
8-6
Co
The project will be served by central potable water distribution, fire protection and
sewage collection facilities.
Go
Ho
Irrigation water will be provided with a separate distribution system supplied by on-
site wells, reclaimed water or other non-potable water source.
Water distribution, sewage collection and transmission facilities to serve the project
are to be designed, constructed, conveyed, owned and maintained in accordance with
Collier County Ordinance No. 88-76 (refer to agreement that approved PMCDD,
Resolution//93-187), as amended, and other applicable County rules and regulations.
PMCDD will be responsible for installing potable water and irrigation water service
connections to distribution mains for single family uses only. Use of the services will
be approved on final inspection and acceptance by Collier County. All customers
connecting to the water distribution and sewage collection facilities to be constructed
will be customers of the County and will be billed by the County in accordance with
the County's established rates.
The on-site water distribution system serving the project must be connected to the
Collier County Water-Sewer District's (the District) water main available and
adjacent to the Community boundaries consistent with the main sizing requirements
specified in the project's Utility Master Plan and extended throughout the project.
During design of these facilities dead-end mains shall be minimized by looping the
internal pipeline network where feasible.
The project's Developer(s) its assigns or successors, may negotiate an Agreement
with the District for the use of treated sewage effluent within the project limits for
irrigation purposes. The Developer would be responsible for providing all on-site
piping and pumping facilities from the County's point of delivery to the project and
shall negotiate with the County to provide full or partial on-site storage facilities, as
required by the FDEP consistent with the volume of treated wastewater to be utilized.
The utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing to the County's master pump station is
transmitted by one (1) main on-site pump station for each sewage collection basin.
Due to the design and configuration of the master pump station, flow by gravity into
the station will not be possible. The Developer's Engineer shall meet with the
County staff prior to commencing preparation of construction drawings, so that all
aspects of the sewerage system design can be coordinated with the County's sewer
master plan.
The existing off-site utility facilities of the District must be evaluated for hydraulic
capacity to serve this project and reinforced as required, if necessary, consistent with
the County's Water Master Plan to insure that the District's water system can
hydraulically provide a sufficient quantity of water to meet the anticipated demands
of the project and the District's existing committed capacity. This requirement will
be waived provided a written statement is obtained from the Collier County Utilities
Division stating that the District has adequate facilities and capacities to serve that
phase of the project at the time utility service is required.
8-7
8.10
K. The existing off-site sewage transmission facilities of the District must be evaluated
for hydraulic capacity to serve this project and improved as required outside the
project's boundary to provide adequate capacity to transport the additional
wastewater generated without adverse impact to the existing transmission facilities.
This requirement will be waived provided a written statement is obtained from the
Collier County Utilities Division stating that the District has adequate facilities and
capacities to serve that phase of the project at the time utility service is required.
L. Within the Pelican Marsh Community landscaping areas (including palm trees, shrubs
and groundcovers), sidewalks/paths will be allowed within utility easements
including placement within three feet (3') of a utility line. Canopy trees may be
located seven feet (7') from the utility line (seven feet (7') being measured from the
trunk of the tree to the centerline of the utility line). Reconstruction of
sidewalk/pathways or modification/re-installation of plant materials due to necessary
maintenance of utility lines will be the responsibility of the Developer, its successors
or assigns.
M. The Collier County Utilities Division shall allow the installation of potable water and
irrigation water service connections to the distribution mains during construction of
the single family subdivision utilities. The installation will be scheduled upon request
and payment of fees by the Developer, its successors and/or assigns. The installation
will be in accordance with the approved plans and specifications, current policies and
procedures, and performed by the Developers' contractor. The contractor must be
approved for the installation by the Collier County Utilities Division. Fees will be
determined by the current ordinance in effect at the time of the request for
connections. Reimbursement of connection fees will be rebated to the Developer
annually based on meter installations.
N. The Developer will prepare a study to determine the most effective and efficient
means to shield the light source spill-over from the sports field lights at Veteran's
Park. The study will address the approach, installation methods, costs and scheduling
of the work and will be presented to the Collier County Parks and Recreation Director
for review and approval. Should the improvements be determined by the County to
be expenses that are eligible for impact fee credits, the Developer will provide the
County with engineered drawings and specifications suitable for bidding by the
County. The Developer will pay the County the value of light shield installation and
receive impact fee credit, if it qualifies under the County's Parks and Recreational
Facilities Impact Fee Ordinance, for the actual cost of the work pursuant to the terms
of the Impact Fee Ordinance.
ENVIRONMENTAL
A. In order to avoid repetitive review of environmental issues in subsequent stages of the
County development approval process, the requirement for obtaining approval of an
Environmental Impact Statement (EIS) pursuant to Division 3.8, Section 3.8.8 of the
Collier County Land Development Code shall be deemed satisfied for all future
activities which take place within the Pelican Marsh Community PUD boundaries
that require County permits for or County approval of development or site alteration.
This provision is based upon: (1) approval of the Pelican Marsh Community
application for Development of Regional Impact and the Pelican Marsh Community
8-8
8.11
Environmental Supplement submitted in conjunction with this Application for Public
Hearing for PUD Rezone; and (2) the Pelican Marsh Community PUD EIS submitted
in conjunction with the Application for Public Hearing for PUD Rezone which was
approved via County Ordinance #93-27. This provision shall apply to the Developer,
its successors, or assigns.
B. Pursuant to Collier County Land Development Code, Article 3, Division 3.8, Section
3.8.8, the Pelican Marsh PUD EIS cited in Section 8.10.A above shall constitute
Collier County's review and approval of all environmental resources and
environmental quality issues contained in the Pelican Marsh Community Application
for Development of Regional Impact in so far as said issues specifically pertain to
lands contained within the Pelican Marsh PUD boundaries, as defined via County
Ordinance #93-27.
C. Sections 8.10 A and B above do not relieve the Developer from providing, or
foreclose the County from requesting, information relative to new or changed
environmental conditions on the site relative to species of special status pursuant to
Collier County Land Development Code, Section 3.8.5.4.1.5.d. and e.
D. The Collier County 'ST' overlay has been eliminated and replaced by this Planned
Unit Development, however all existing Collier County wellfield and/or groundwater
protection zones shall remain in effect unless otherwise modified by Collier County.
E. The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into the
PUD by reference. The Cocohatchee Strand Restoration Plan (WMB&P, Inc. File
No. ENV-88) depicts the improvements contemplated under the Cocohatchee Strand
Restoration Program and itemizes in tabular form the Cocohatchee Strand Mitigation
Bank features including mitigation ratios and available credits for impacts to Collier
County jurisdictional wetlands. It is understood that changes to both the Cocohatchee
Strand Mitigation Program and the Cocohatchee Strand Mitigation Bank may be
required by regulating agencies. If such changes cause a need to modify or revise the
Cocohatchee Strand Restoration Program and Mitigation Bank as depicted on the
Restoration Plan, such modifications and revisions may be administratively approved
by the Collier County Development Services staff.
F. In accordance with Policy 7.3.5 of the Conservation and Coastal Management
Element of the Collier County Growth Management Plan, gopher tortoises shall be
relocated to the "GCO District and to the Xeric Scrub Conservation Area.
Compensation for lost habitat which extent has been approved by the Florida Game
and Fresh Water Fish Commission (FGFWFC) shall be in accordance with FGFWFC
policy.
G. Collier County shall defer all environmental permitting regarding wetlands, wetland
impacts, and wetland mitigation to the South Florida Water Management District.
The Developer shall coordinate with and copy Collier County on all approved
permits.
SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
The Pelican Marsh Community shall be required to conform with the subdivision
improvement requirements set forth in Collier County Land Development Code Article 3,
Division 3.2, Section 3.2.8 unless otherwise stated in this PUD. The following substitutions
8-9
to the improvements standards are approved for Final Subdivision Plat requirements:
A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows:
1. Pelican Marsh Boulevard shall be considered a minor collector street and shall
be required to have a sidewalk or bikepath on each side of the street.
2. All other through streets shall be considered local streets and shall be required
to have a sidewalk or bikepath on one side of the street.
3. All cul-de-sacs serving more than fifty (50) single family lots shall be required
to have a sidewalk or bikepath on one side of the street.
4. All cul-de-sacs serving fifty (50) or less single family lots shall not be
required to have a sidewalk or bikepath provided the following conditions are
satisfied:
The right-of-way section shall include two twelve foot (12') wide
travel lanes, and
The gross density in the cul-de-sac shall be less than two (2) units per
acre.
Private streets shall conform with the fight-of-way and pavement width requirements
of Subsection 3.2.8.4.16.5 except as follows:
Cul-de-sac and local streets less than one thousand feet (1,000') in length are
required to have a minimum forty foot (40') right-of-way width and two ten
foot (10') wide travel lanes, subject further to the conditions of Section
8.11 .A.4 of this PUD.
o
All other cul-de-sacs are required to have a minimum fifty foot (50') right-of-
way width and two ten foot (10') wide travel lanes, subject further to the
conditions of Section 8.11 .A.4 of this PUD.
All other local streets are required to have a minimum fifty foot (50') fight-of-
way and two twelve foot (12') wide travel lanes.
Where sidewalk design substitutions are desired per Section 8.11.A.4 of this
PUD, cul-de-sac streets shall have a minimum of two twelve foot (12') wide
travel lanes.
Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but may
exceed a length of one thousand feet (1,000').
Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10
except on Pelican Marsh Boulevard where the requirement shall be seventy-five feet
(75').
Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided
that applicable Florida Department of Transportation, Manual of Uniform Minimum
Standards (FDOT MUMS) and AASHTO criteria are met.
Roadside slopes within private street fights-of-way may be allowed to a maximum of
3:1 in accordance with FDOT MUMS, page II1-35.
8-10
8.12 PINE RIDGE CANAL
The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on the
8.13
8.14
Pelican Marsh Community Master Plan. The design of the relocated canal incorporates
features intended to fully mitigate for any impacts associated with its construction and
elimination of the existing canal, and shall therefore not require the use of mitigation credits
established under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge
Canal and associated control structures within the boundary of the Pelican Marsh Community
PUD shall be the responsibility of the PMCDD.
DEDICATIONS
All dedications of property or facilities for a public purpose, whether by easement or deed,
may, at the Developer's option, contain a condition limiting the use to said public purpose.
In addition, said dedication, at Developer's option, may contain a reverter clause in the event
the public purpose use is discontinued or not commenced within a reasonable time period.
The "reasonable time" will be agreed to between the Developer and the grantee at the time of
the dedication, it being the intent of the grantee to have sufficient time to commence the use
of this dedication.
PELICAN MARSH COMMUNITY SCHOOL SITE
The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be
subject to the following standards and restrictions:
A. Permitted Use
1. The school site shall only be improved for and used as a school for school
purposes.
B. Building Setback Lines, Size of Building and Building Height
1. The minimum setback of any structure (including temporary accessory and
portable structures) from a property line or right-of-way line shall be twenty-
five feet (25') on the northern and western property lines and fifty feet (50')
on the eastern and southern property lines.
2. No principal structure of any kind shall exceed three (3) stories in height and
accessory structures shall be limited to a maximum of twenty feet (20') in
height. The maximum height of any structure shall be measured as set forth in
the Collier County Land Development Code.
C. Landscaping
1. All areas not covered by structures, walkways or paved parking facilities shall
be reasonably maintained and irrigated as lawn or landscape areas to the
pavement edge of any abutting streets, to the property line and/or to the
location required by South Florida Water Management District of any abutting
lakes, canals or water management areas. No stone, gravel or paving of any
type shall be used as a lawn. All required lawns .and landscaping shall be
complete at the time of completion of the structures evidenced by the issuance
of a certificate of occupancy by the appropriate governmental agency.
8-11
8.15
Do
Eo
Fo
Signs
1.
Any sign installed in, on or placed within the School Site shall be no larger
than ten feet (10') in length by five feet (5') in height. Lighting of any sign
may be fluorescent uplight from grade. No neon or colored lighting is
allowed. All signs must also conform with the Collier County Land
Development Code.
Exterior Lighting
All exterior lighting for the school buildings shall be for the expressed
purpose of safety and security only and shall use fixtures, light source,
installation, and control techniques to contain light within the School Site and
eliminate or minimize light spillage into or onto adjacent properties. There
shall be no nighttime lighting of athletic or recreational playing fields or
courts or playgrounds within the School Site.
Outdoor Equipment
o
All garbage and trash containers, oil tanks, bottled gas tanks, swimming pool
equipment and housing and sprinkler pumps and other such outdoor
equipment must be underground or placed in walled-in or site-screened,
fenced-in areas so that they shall not be readily visible.
For structures at the maximum building height, all vents, stacks, and
mechanical equipment of any nature and type, and other such outdoor
equipment located on roof areas shall be site-screened so that they shall not be
readily visible from adjacent properties.
All active sports areas including baseball, soccer, basketball, football, etc.,
shall be set back twenty-five feet (25') from the easterly and southerly
property lines.
NOTIFICATION OF PROXIMITY TO COUNTY FACILITY
The Developer shall include the following Notice in its sales contracts with purchasers within
PMC who are acquiring an interest in real property for residential purposes from Developer
located within 500 linear feet of the closest boundary of the County's Wastewater Treatment
Plant parcel on Goodlette Road:
"This is to notify you that the property you are acquiring is located within
500 linear feet of the property boundary of Collier County's Wastewater
Treatment Plant. This notification is made at the request of Collier
County."
The above notification will no longer be required when and if the County adopts an
ordinance or regulation addressing the subject; provided however that the Developer shall
comply with the requirements of said ordinance or regulation, where applicable.
8.16 Plaza at Galleria (SDP-99-004): Special Conditions of Approval
The following conditions are applied to the above development, as a result of the December 17,
8-12
2002, BCC approval of the PUD to PUD Rezone having the effect of an amendment to the
Pelican Marsh PUD (PUDA-2002- 2566) to increase the allowable square footage of medical
offices from 9,000 square feet to 26,000 square feet:
Bo
Co
Within 30 days of the Board of County Commissioner approval, the developer will
submit an amendment to SDP-99-004 providing the following:
1. All actual and proposed uses and the square footage of each use;
2. A revised parking matrix indicating all required parking spaces for the
existing general and medical office uses as well as the proposed general
offices uses, all based upon the approved site development plan.
3. Medical office use square footage shall be limited to that which existed within
the project on the date of the Board of County Commission approval. The
exact square footage of medical office use shall be determined and shall be
clearly indicated on the amended site plan.
4. A landscape plan depicting on-site landscaping areas and types that meets or
exceeds the amount of landscaped area measured in square footage. Where
additional parking areas encroach into existing landscaped areas enhanced
plantings shall be required in order to maintain an overall amount of
landscaping cover that equals or exceeds the amount of existing on-site
landscaping.
5. As may be necessary, revisions to the signed and sealed water management
plan to accommodate additional impervious parking areas and to allow for
additional landscaping to replace any landscape area removed to
accommodate additional parking areas.
Within 90 days of approval of the amended site development plan, construction of the
additional parking areas and installation of any necessary landscaping or water
management area reconstruction will be commenced.
Until such time as the amended site development plan is approved, and all
improvements depicted there on are constructed, inspected and approved, the 7,000
square feet of vacant space located in Building "A" depicted on the attached
conceptual site plan labeled "Exhibit B" shall not be occupied or used in any manner.
8-13
,I I
I
Map H
Master Plan
Exta:~ I/NOPC
Pelicsn Marsh Communities
wo Co~ un,act P~
~ t
Exhibit B
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2002-71
Which was adopted by the Board of County Commissioners
on the 17th day of December, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day of December, 2002.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners